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(영문) 대법원 2015.08.27 2015도7994
폭력행위등처벌에관한법률위반(상습협박)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of all of the charges of this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules,

2. Examining the reasoning of the lower judgment regarding the request for attachment order in light of the record, the lower court’s order to attach an electronic tracking device for five years is justifiable in determining that Defendant and the respondent for attachment order recognized the risk of recidivism of sexual crime, based on the reasons indicated in its reasoning, and there is no error of misapprehending the facts as alleged in the grounds of appeal.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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